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How long will my negligent amputation claim take
It is difficult to give a ‘standard timescale’ for these cases. Generally you have three years from the incident to bring a claim, so it is important to contact a solicitor as soon as possible. We will need medical evidence from independent experts to provide various reports. The expert will report on whether there is a case to be answered by the other side.
The likely contentious area in this type of claim is proving whether the loss of your limb is as a consequence of negligent treatment or not. We need to obtain evidence about your current condition and what the future holds for you. Even if liability is admitted quickly by the other side it can take several months to build up a whole picture about your current and future condition.
The way the other side responds to a negligent amputation claim also affects the time it takes to settle. Sometimes, they will make admissions based on our evidence and valuation. In other cases, they may require you to be assessed by their own expert and will value the case themselves. We will then enter into negotiations in order to try and reach a settlement. Sometimes this is not possible and we will need to ask a Judge in Court to decide at a trial.
The length of time spent in such negotiations can vary, but if we settle too early, we can’t re-open the claim and ask for more money should additional medical or practical problems arise. Access Legal will always aim to resolve your amputation claim as quickly as possible and will seek to obtain interim payments where admissions have been made so you don’t have to wait until the end of the process for starting to rebuild your life.